EQUALITY ACT 2010: PUBLIC SECTOR EQUALITY …

1 1 EQUALITY ACT 2010: PUBLIC SECTOR EQUALITY DUTYWHAT DO I NEED TO KNOW?A QUICK START GUIDE FOR PUBLIC SECTOR guidance was last updated on 30 June EQUALITY Act 2010 (the Act) replaces the previous anti-discrimination laws with a single Act. It simplifies the law, removing inconsistencies and making it easier for people to understand and comply with it. It also strengthens the law in important ways, to help tackle discrimination and inequality. The majority of the Act came into force on 1 October quick start guide is intended to help PUBLIC SECTOR organisations understand a key measure in the Act the PUBLIC SECTOR EQUALITY Duty, which came into force on 5 April 2011.

2 The EQUALITY Duty ensures that all PUBLIC bodies play their part in making society fairer by tackling discrimination and providing EQUALITY of opportunity for of further information about the EQUALITY Duty are listed at the end of the is the EQUALITY Duty?The EQUALITY Duty is a duty on PUBLIC bodies and others carrying out PUBLIC It ensures that PUBLIC bodies consider the needs of all individuals in their day to day work in shaping policy, in delivering services, and in relation to their own new EQUALITY Duty supports good decision-making it encourages PUBLIC bodies to understand how different people will be affected by their activities so that policies and services are appropriate and accessible to all and meet different people s needs.

3 By understanding the effect of their activities on different people, and how inclusive PUBLIC services can support and open up people s opportunities, PUBLIC bodies are better placed to deliver policies and services that are efficient and effective. The EQUALITY Duty therefore helps PUBLIC bodies to deliver the Government s overall objectives for PUBLIC EQUALITY Duty is set out in section 149 of the has changed?The new EQUALITY Duty replaces the three previous PUBLIC SECTOR EQUALITY duties for race, disability and gender. The new EQUALITY Duty covers the following protected characteristics.

4 Age disability gender reassignment pregnancy and maternity race this includes ethnic or national origins, colour or nationality religion or belief this includes lack of belief sex sexual orientationIt also applies to marriage and civil partnership, but only in respect of the requirement to have due regard to the need to eliminate new EQUALITY Duty is designed to reduce bureaucracy while ensuring PUBLIC bodies play their part in making society fairer by tackling discrimination and providing EQUALITY of opportunity for does the EQUALITY Duty apply to?The EQUALITY Duty applies across Great Britain to PUBLIC bodies listed in Schedule 19 to the Act, and to other organisations when they are carrying out PUBLIC functions.

5 1 A PUBLIC function is a function of a PUBLIC nature for the purposes of the Human Rights Act EQUALITY Duty The EQUALITY Duty has three aims. It requires PUBLIC bodies to have due regard to the need to: eliminate unlawful discrimination, harassment, victimisation and any other conduct prohibited by the Act; advance EQUALITY of opportunity between people who share a protected characteristic and people who do not share it; and foster good relations between people who share a protected characteristic and people who do not share due regard means consciously thinking about the three aims of the EQUALITY Duty as part of the process of decision-making.

6 This means that consideration of EQUALITY issues must influence the decisions reached by PUBLIC bodies such as in how they act as employers; how they develop, evaluate and review policy; how they design, deliver and evaluate services, and how they commission and procure from due regard to the need to advance EQUALITY of opportunity involves considering the need to: remove or minimise disadvantages suffered by people due to their protected characteristics; meet the needs of people with protected characteristics; and encourage people with protected characteristics to participate in PUBLIC life or in other activities where their participation is good relations involves tackling prejudice and promoting understanding between people who share a protected characteristic and with the EQUALITY Duty may involve treating some people better than others, as far as this is allowed by discrimination law.

7 For example, it may involve making use of an exception or the positive action provisions in order to provide a service in a way which is appropriate for people who share a protected characteristic such as providing computer training to older people to help them access information and account of disabled people s disabilitiesThe EQUALITY Duty also explicitly recognises that disabled people s needs may be different from those of non-disabled people. PUBLIC bodies should therefore take account of disabled people s impairments when making decisions about policies or services.

8 This might mean making reasonable adjustments or treating disabled people better than non-disabled people in order to meet their university might decide to provide car parking spaces for disabled students so that those who cannot use PUBLIC transport because of their impairment have EQUALITY of opportunity in access to courses. Although non-disabled students might also want a parking space, they will not suffer the same degree of disadvantage without the EQUALITY DutyPublic bodies need to consciously think about the three aims of the EQUALITY Duty as part of the process of decision-making.

9 The EQUALITY Duty will be one of a number of factors that need to be considered. The weight given to the EQUALITY Duty, compared to the other factors, will depend on how much that function affects discrimination, EQUALITY of opportunity and good relations and the extent of any disadvantage that needs to be following principles, drawn from case law, explain what is essential in order for the EQUALITY Duty to be fulfilled. PUBLIC bodies should ensure:Knowledge those who exercise the PUBLIC body s functions need to be aware of the requirements of the EQUALITY Duty. Compliance with the EQUALITY Duty involves a conscious approach and state of the EQUALITY Duty must be complied with before and at the time that a particular policy is under consideration or decision is taken that is, in the development of policy options, and in making a final decision.

10 A PUBLIC body cannot satisfy the EQUALITY Duty by justifying a decision after it has been consideration consideration of the three aims of the EQUALITY Duty must form an integral part of the decision-making process. The EQUALITY Duty is not a matter of box-ticking; it must be exercised in substance, with rigour and with an open mind in such a way that it influences the final information the decision maker must consider what information he or she has and what further information may be needed in order to give proper consideration to the EQUALITY delegation PUBLIC bodies are responsible for ensuring that any third parties which exercise functions on their behalf are capable of complying with the EQUALITY Duty, are required to comply with it, and that they do so in practice.